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Combs v. State

The Department of Corrections, not the trial court, has the duty to award a defendant credit for time served prior to trial.

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Brian Keith Combs pled guilty to one count of burglary OCGA § 16-7-1 a 2011. Pursuant to the negotiated guilty plea, Combs was sentenced on July 17, 2012, to twenty years, with four to serve in confinement. Combs subsequently filed a pro se motion for a nunc pro tunc order to give him credit for time served in confinement awaiting trial. The trial court denied his motion, and Combs appeals from that order, contending that the trial court was required to correct his sentence to give him credit for time served.

Under OCGA § 17-10-11 a, a convict should be given credit for time spent in confinement awaiting trial. The amount of credit, however, “is to be computed by the convict’s pre-sentence custodian, and the duty to award the credit for time served prior to trial is upon the Department of Corrections. OCGA § 17-10-12″ Citation and punctuation omitted. Cutter v. State, 275 Ga. App. 888, 890 2 622 SE2d 96 2005. A trial court has no authority to interfere in the determination and award of credit for time served. Cochran v. State, 315 Ga. App. 488, 490 727 SE2d 125 2012; see also Cutter, supra, 275 Ga. App. at 890 2.

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